This article has been written by Mr. Rohan Madhok, a 5th-year BBA.LLB student from Vivekananda Institute of Professional Studies, GGSIPU, New Delhi
INTRODUCTION
As per General Clauses Act 1897, property in India may be either movable or immovable. The Indian penal code 1860 provides safeguards to protect such movable or immovable properties from any kind of violation. Offences against property are among the most common criminal offences in India. These crimes involve the unlawful taking of someone else’s property or damaging or destroying someone else’s property. The Indian penal code under chapter XVII from sections 378 to 62 provides the provisions which act to conserve, protect and preserve one’s right to property. These offences may be divided into three categories, the first category include offences against property like theft, extortion, robbery, and dacoity, the second category includes offences of injury to property like mischief and finally the third category includes offences of a violation of the right to property like criminal trespass.
EXTORTION
Offences against property include those kinds of offences in which a person is deprived of his property illegally. The Indian penal code under chapter XVII from sections 378 to 62 provides the provisions which act to conserve, protect and preserve one’s right to property. Extortion is one such example of an offence against property.
Extortion is a criminal offense under the Indian Penal Code (IPC). Section 383 to 389 of the IPC defines and punishes the offense of extortion.
According to section 383, any person who intentionally puts another person in any kind of fear of any injury being caused to that person or to any other person and thereby such person dishonestly induces the person put in fear to deliver any property or valuable security or anything else which is signed or sealed and can be converted into a valuable security.
In simpler terms, extortion is when a person threatens another person to give them money, property, or valuables, or to do something against their will, by using force or intimidation. Section 383 states that anyone who puts another person in fear of injury, with the intention to dishonestly induce that person to deliver any property or valuable security.
We can understand this offence better with the help of illustrations
1) Riya threatens to publish a defamatory libel against Zoya unless Zoya pays her a specific amount of money. Thus we can say that Riya induced Zoya to give her money and committed extortion
2) Rahim puts Rahul in fear of grievous hurt, to dishonestly induce him to sign a blank paper and deliver it to Rahim. Rahul does as he is told. In this case, as the signed document can be converted into a valuable security, Rahim will be held guilty of extortion.
Elements of Extortion
To prove the offence of extortion, the following elements must be established:
- Intentional Act: The act of extortion must be intentional. The person accused of extortion must have intentionally used force or threat of force to extract money, property, or valuables from the victim.
- Fear of Injury: The accused must have put the victim in fear of injury to their person, property, or reputation.
- Delivery of Property: The victim must have been coerced into delivering property or valuables to the accused. It is not necessary that the accused must have received the property or valuables; it is enough that the victim was made to part with them.
It is essential to note that extortion is a severe criminal offense that is punishable under the law, and anyone found guilty of such an offense may face severe consequences. The punishment for extortion under Section 384 of the IPC is imprisonment for up to three years, with a fine, or with both.
The main ingredients of the offense of extortion are as follows
1) Person put in fear of injury intentionally – to charge a person for the offense of extortion under the IPC it must be proved that the accused had put the other person in fear of injury being caused to him.
2) Dishonest intention to induce another person to deliver property – To charge a person for the offence of extortion under the IPC it must be proved that the accused dishonestly induced another person to put him in fear so that he delivers some property or valuable security to another person
Extortion is a serious offence, and the punishment for it can be severe. If a person is found guilty of extortion, they can be punished with imprisonment for a term that can range from three years to seven years, along with a fine.
If the extortion is committed by threatening the victim with death or grievous hurt, the punishment can extend up to 10 years of imprisonment, along with a fine.
If the offence of extortion is committed by a public servant, the punishment can be even more severe, with imprisonment of up to 10 years, along with a fine.
AGGRAVATED FORMS OF EXTORTION
1) Section 386 of the Indian penal code provides that where any person commits extortion by putting the other person in the fear that grievous hurt or death will be caused to him, such person shall be punished with imprisonment for 10 years and a fine.
2) Section 387 of the Indian penal code provides the punishment for the attempt of extortion. It provides that anyone who attempts to extort another person by putting the other person in the fear that grievous hurt will be caused may be caused with imprisonment for seven years and a fine. In such cases, it is not necessary that the act of extortion has actually taken place.
3) Section 388 of the Indian penal code provides punishment for any person who extorts another person by using a threat of accusation. The punishment provided for such offence is death or imprisonment for life or imprisonment for 10 years. Further, this section provides that any person who induces another person to commit extortion shall be punished with imprisonment of 10 years and a fine.
4) Section 389 of the Indian penal code provides the punishment for the attempt of extortion by putting a person in fear of accusation of offence. The punishment provided for this offence is death or imprisonment for life or imprisonment for 10 years. In such cases, it is not necessary that the act of extortion has actually taken place.
CASE LAWS
Gursharan Singh vs State Of Punjab JT 1996 (8) 189
The Supreme Court in this case held that the most essential ingredient for the offense of extortion is that the accused induces any other person and puts that person in fear to deliver any property or valuable security. Further, even if the amount which was demanded is paid a few days later then also it is said to be extortion
CONCLUSION
In conclusion, extortion is a serious offence in India, and it is punishable under the Indian Penal Code. It is an intentional act of putting a person in fear of injury to that person, or to any other person, or to property, or to commit any offence, with the intent to cause that person to deliver any property or valuable security or anything signed or sealed which may be converted into a valuable security.
Extortion is a crime that has serious legal implications, both for the accused and the victim. The accused can face severe punishment if found guilty, and their future prospects can be affected. The victim, on the other hand, may suffer emotional trauma, financial loss, and physical harm.
Therefore, it is essential to report any incidence of extortion to the authorities immediately. The police and the legal system can take prompt action to protect the victim and bring the accused to justice.
The punishment for extortion can be severe, ranging from three years to ten years of imprisonment, along with a fine. Therefore, it is crucial to report any incidence of extortion to the authorities immediately.
REFERENCES
1) K.D. GAUR’S CRIMINAL LAW CASES AND MATERIALS: NINTH EDITION
2)https://blog.ipleaders.in/offences-relating-to-documents-all-you-need-to-know-about-it
3) Section 383 of the Indian Penal Code 1860
4) Section 384 of the Indian Penal Code 1860
5) Section 386 of the Indian Penal Code 1860
6) Section 387 of the Indian Penal Code 1860
8) Section 388 of the Indian Penal Code 1860
9) Section 389 of the Indian Penal Code 1860
10) Gursharan Singh vs State Of Punjab JT 1996 (8) 189
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